davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1887-12-13

Surprising the plaintiff and de-
ceased were partners, the plaintiff
as surviving partner was entitled TO
receive the money and to account
with the administrator, but the adj
ministrator having received it the
plaintiff is entitled TO recover his
share. What that share is must be
determined by another suit if the
parties cannot agree.
We are of opinion that the nom
suit in the Police Court was right
upon the evidence and that the
appeal should have been dismissed.
Under these circumstances it is not
necessary for us to decide the ques-
ton as to the right to amend in the
court, although we think
that as a rule such amendments
should not be allowed and that the
should be made to the
Police magistrate.
We may, however, say that where
the refusal to amend, would by the
of a statute of limitation
bar the plaintiff from bringing a new
action, an amendment ought to be
KIRK, Y. Dolly, 6 MeeS and W. 636.
Larkin V. Watson, > Cromp. and
MeeS.
Darts V. Saunders, I Mass. 90.
The appeal must be dismissed.
J. a. Magoon for plaintiff; c.
Brown for Defendant.
Dated Honolulu, Goth Nov, 1887.
The Hawaiian gazette., 1887-12-13

JOHN GARCIA V. J. 2. MENDoNCA.
ADMINISTRATOR, sc.
The Hawaiian gazette., 1887-12-13
JUiaioa Of ~ court bgPREST0N J.

Opinion q tie Court 5gPRESTON J.
This case was originally brought
in the Police Court, Honolulu, and
the plaintiff sought to recover 800
for work and labor done and per
formed by the plaintiff for Domingo
Lopes Ramos in his lifetime and for
money paid.
The defendant was sued a, ad-
ministrator Of Ramos.
At the trial in the Police Court
the plaintiff having stared that nc
was a partner with the DECEASED was
nOn-suited.
From this decision he appealed
and the appeal was heard before Mr..
Justice Bickerton,. who rendered a
judgment in favor OF the defendant
upon the application Of counsel for
the defendant upon the grounds:
lst. That it had not been proved
that 8Iendonca was administrators.
ID. That there was no proof that
the claim was presented within six
months from the appointment of the
administrator.
The plaintiff asked leave to amend
which was refused.
The plaintiff appealed TO the Su-
preme Court in banc0.
The first appeal being taken from
a judgment of nOn-suit, there should
not have been a rehearing upon the
facts. The sole point was whether
-the evidence before the Po-
lice magistrate justified the non
suit, and it IS in this view We have
considered the case.
1t appears 70 Us from the evidence
that the plaintiff and the deceased
were Jointly interested in the work
out Of which the claim arose and
that the deceased was to pay the
plaintiff or divide the money when
he received it from the government.
The money was not paid to the
deceased but was collected BY the
defendant. and it therefore seems to
Us that the plaintiff had no right Of
action against the deceased at the
time Of his death, consequently it
was not necessary for him to put in
his claim against the estate.
The Hawaiian gazette., 1887-12-13

ErfOT WuulU Ale upon Il JUG uCAti
against them as joint defendants.
Since this case comes into this Court
as it was brought and adjudged in
the Police Court and must he SC
brought. 1 here dismiss the COM
plaint."
From this decision the plaintiff
appealed to this Court and cOntended
that the defendants sustaining the
relation of master and servant to
each other were properly joined and
cited.
CdrRtGR Y. S1eUbeRriHe and H.
! diana n. r. 90. Ohio 399.
fright Y. HUeo.r J. and ). 10
Wendell SIS.
Hhitmore Y. Wdterhouse 1 Car.
and p. 3S3.
The case Of CarHlGH V. $. 4, I. Il.
r. co. does not seem to apply to the
case at bar. Itwas an action against
the Company for injuries done to
the plaintiffs property by a con
tractor employed by the company to
blast stone upon the eompany's land
which adjoined the PLAINTIFFS land
and the Court held the company
liable.
Wright V. WUeox Is an authority
in favor of the plaintiff. There the
Court held that the father and en-
ployer of the driver of q wagon
would be liable jointly with the
driver for negligence of the latter,
but held that he was not liable in
that case, because the act of the
driver was willfull.
Vhitmore V. UdterhOUSe was an
action against the proprietors and
driver of a stage coach for the neg
ligent driving of the latter, and the
Court (Parke b. held on the author
ity of Michael V. ALeStree , LEVINE
LIZ, that the defendants might be
joined, but intimated that the point
could be raised in arrest of judg-
ment. Whereupon counsel for the
plaintiff discontinued against the
servant and the jury having found a
verdict for the other defendant the
case was not taken further.
The case Of JEichGei Y. AIeStree
was against master and servant
Jointly. The master sent his ser
want 80 train his ungoverDable horses
in Lincoln's Inn Fields, who being
unable 10 govern them, they ran
upon the plaintiff and injured him.
This case may be supported upon
the ground that the injury was not
the result of negligence on the part
of the servant, but was caused by
the act of the master himself in en-
trusting his servant with such
dangerous animals.
We are Of opinion that the law
is laid down in PIrS0aS Y. UWcheU
is correct and therefore the judg-
ment appealed from must be af-
firmed.
The question as TO the liability of
the master for the negligence of his
servant was decided in the plain
tif7s favor and does not arise on this
The appeal Is dismissed with costs.
J. \. Magoon for plaintiffs; P.
Neumann for defendant Mcintyre.
Dated Honolulu, Nov. 80, 1887.
In the Supreme Court of the Hawaiian
Islands--In BanoO. October Term.
1887.
JOHN GARCIA Y. J. P. MENDoNCA,
ADMINISTRATOR, sc.
o. 4pped frou BICEERTOE j.
BEFoEE JUDD, c. J., M'cULLr. PRESTON AND
BIcKERroN J.. J.
The Hawaiian gazette., 1887-12-13
DR.. ]. COILS BROWNE'S
CHLORODYNMs
THE ORIGINAL and ONLY GENUINE.


Advice to Invalids-.f You wish to obtain
quiet refreshing sleep, free from headache. re =
lief from pain and anguish to calm and assuase
the weary achings OF protracted disease, in
vigorate the nervous media. and regulate the
circulating systems of the body, YOU will pro
vide yourself with that marvellous remedy dis
covered by Dr. j. Coils Browne Cate Army
Medical STAN. TO which he gave the name Of
CHLORODYNE, and which is admitted by the
profession to be the most wonderful and valu-
ableremedy ever discovered.
CHLoRoDYNE is the bestremedy known for
Coughs, Consumption, Bronchitis. Asthma.
CHLoRODYNE acts like a charm in Diarr-
heea and is the only specific in Cholera and
Dysentcry.
CHLoRODYNE efectuaIly cuts short ali az
tacks Of Epilepsy, Hysteria, PalpitatiOn. and
Spasms.
CHLORODYNE is the only palliative in Neu-
ralgia rheumatism, Gout, Cancer, Toothache
Meningitis, &c.
From Symes It CO.. Pharmaceutical Chem
lists, Medical Hall, Simla, January 8, lSS0 10
j. I. Davenport, Esq, 30, Great Russell Street
bloomsbury, London. Dear Sir,-We embrace
this opportunity of cOngratulatlng You upon the
widespread reputation this Justly esteemed
medicine, DR.. j. Coils Brownies ChlOrodvue
has earned for itself not only in Hindosteu q
but all over the East. As a remedy for general
utility. we mus. question whether better is
imported into the country, and we shall be glad
tc hear of its finding place in every Anglo
Indian home. The other brands, we are sorrT
to say, are now relegated TO the native bazaars
and, judging from their sale, we fancy their
sujourn there will be but evanesCent We
could multiply instances ad fEfHitum OF the ex-
traOrdinary efficacy of DR.. Coils Brownies Chic
rodYne in DiarrhRa and Dysentery Spasms
Cramps, Neuralgia, the Vomiting of Pregnancy
and q general sedative. that have occurred
under our personal observation during many
years. In ChOleralc Diarrhea. and even in he
more terrible forms of Cholera itself we -
witnessed its surprisingly controlling powe
We have never used any other form Of HE
medicine than Coils Brownies from a firm
Conviction that it is decidedly the best. and also
from sense of duty we owe TO the profession
and the public, are of opinion shat the
substitution Of any other than Coils Brownies
is a DELIBERATE BREACH OF FAITH on THE PART
THE CHEMIST To Presenter AND PATIENT
ALIKE. We are, Sir, faithfully yours. Symes &
Co. Members of the Pharm. Society of Great
Britain. His Excellency the VicerOy's Chem
lists.
CAUHION.-Vice-Ch Chancellor Sir W Page
Wood stated that DR.. J. Coils Browne was,
the story of the defendant F-7eman was de-
liberately untrue. which. he .4rretted TO saw.
had been sworn to.-See The Times July Is,
1864.
Sold in bottles at Is. I'D. 2s 3D.. As 3D..
and lis. each. None is genuine without the
words = DR.. J. Coils Brownies ChlOrodyne " on
the Government stamp. Overwhelming niedi
cal testimony accompanies each bottle
Caution.-Beware of Piracy and limitations
Sole Manufacture. T. DAVENPORT. 80
Great Russell Street Blooms bury London
lib 6m
The Hawaiian gazette., 1887-12-13
Supreme Court of the Hawaiian Isl
ands--In Baneo. October Term, 1857.
All SING AND All You HIS WIFE,
vs.. a. MCINTYRE AND
JOHN GOMEZ.
.4ppeai from MeCCLLTL

BEFORE JUDD, c. J., N'cULLY, PRESTON AND
EIoKERroN J. J..
The Hawaiian gazette., 1887-12-13

In the Supreme Court of the Hawaiian
Islands--In Banco. October Term.
1887.
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1887-12-29
"a

IN the state, without any exception every
appliance that can be used to develop the
physical man is there, also in connection
with the same are bath rooms, supplied with
bath tubs, Turkish baths, hot and cold wa
ter etc. Professor MutcEmorc, of Philadel-
phia has charge Of the same.
TAXING all into consideration, Dickinson
as a college is equal If not superior to any
other in our land, the faculty is composed OF
some of the very best material such as DR..
Hartman, Rittenhousc, Whiting, Hines and
Durrell.
The college IS growing in favor ofthc peo-
pie and increasing lis number Of students
yearly our present Freshman class nHHh"r+
thirty five, six of whom are ladies or as W."
call them, Goods
Perhaps some time may give YOU some
facts concerning the Indian school,
STUDENT.
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1887-12-29
Our sIstsal plan.

We want one hundred new subscrhcrs.-
While others have been offering great pre-
miums anC by the admin istr@tlon OF other
c1ock nos.r,lms, striving TO add TO their cir
cu}stion, We have been content to rely upon
orr own merits.
The result of this has not been rnsaliStac
tory, bni we have done no more than hold
our own, our merits being advertised to none
save our friends, We shou Il be gra'itied,
now that we are approaching the completion
of HE nlnih wear Of our connection with
TuB CLARION, to add one hundred names to
our list.
We will send THE CLARION to new sub
scrihcrs unit January 1st, 1889 for one DOL
lar. We send out numbrr OF sample copies
this week anl trust that ~ far percentage
may he sufficiently we'll pleased with this
number 10 order Us TO continue.
sseAs. Use following chreeHs'E
We will send to the same address TWO
MORE NUMBERS, both OF which we ask
yol to take from the postolli2e and read
for by this statement we agree to rctIe1e yo"
tra0s Ill Hajiliiy to be he'd as subscribers.
With the rlilRD number, that Of Drc"m-
her 8th, we will mail you subscription
blank, on which y5u will be Kind enough TO
write us vour wishes We ,rn,t that ON ali
NAV be written IN order lur TUE CLARION
until january I 1890.
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1887-12-29
Sirarrl,;iga dsrEnS.
hapnv New Year TO AL.

a happy New Year TO AL.
Can we not recount something: lcs
surely the blessings Of the past year
The anntni New Year loye tcaal and also
communion service viii be held on Sunday
morning next Tie prayer week service
will be hold during the coming week.
Mcs.rs. GI,as +. Null and {. = T:oXcIl
spent IN, ir Nmas holidays IN Phila, IA. MIR
ID. Apntu8 f. ror his in b ,lto., Md. and MIR.
and Mrs L. c. Smith theirs at Ml''d!etoWn
Md.
Tie Christmas entertainment given on
Christmas night by the Sunday School WAS
II very interesting service throughout. !
s!nll uot try to describe its Varied features
though quite cmblcmalic of the occasion -
The house WAS crowded and many without
being able 10 get in. BIO Herbst under
whose supervision the programme was ar
ranged and who worked hard Tor its com
pIclion can feel ccmplment,d in its s"cc, IS
1t IS worth repeating on New Year eve with
some few OMISSIONS
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1887-12-29
Mt. st, Mary's, Nd.

Ga the l. inst a catamount was captured
by Mr. Joseph kntz in the Blue Ridge Noun
tans a0out oic mile n. w. ofAlt. St. Mary s
College. He snd his brother Andrew on that
day were out fox hunting the hounds soon
took his trail and after dinner he freed when
Mr.. Klntz shot him with No. 6 shot. When
held up by his hind legs he measured 3 feet
/ inches and weighed Il Another of the
same kind has since been seen.
MI st. Mary's College lately killed a lot
of hogs one Of which weighed 4j3 and anoth-
or 357 lbs.
On the farm owned by Mr. Jno. T. Cfctin
and better known as the ClaryauX farm are
two old grayeyard', about the oldest IN this
vicinity. The olc WAS assigned to the col
orel folks alone, and their remains have late
~ been been taken up and inferred in that
of the whites in order to have one spot to
care for, One man was 107 years old at his
death, and th3 bones Of his boly were the
m 1st perfect of them all OF the rest very
little could be folnd save the skull and y
few larger bones. 1t Is spoken of TO have a
chapel or monument erected in memory Of
this old snot
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1887-12-29

Don't register any pledges in the way of
breaking off bad habits, on New Years Day.
1t is only Il confession Of weakness and will
not stand any heightened or severe test,
Ifyou wish to reform qaict'y determine 70
to do make no public proclamation thereof
but flcc your own manhood squarciy and 1t
will serve 20 strengthen you far more than
will the fear Of the worlds comment upon Il
broken resolution He that relies upon avoid
ing evil things solely because he has prom
Used the woIld to do so, discounts his own
courage and thereby saps at the root the
very strength Of will upon which he mast ,v-
tntually come to rely.
Don't "sWcar or before men.
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1887-12-29
III arriages,

At the City Hotel Frederick, Dec, %, 1887
by Rev L. S johnson Of Emmi,sburg, G.
NJ. Patterson of Taneytown to Miss Min
ME Shoemaker of near Emmitshurg.
At the Lutheran Parsonage, by Rev. John
II. Barb, at u. m, on December p, 1887,
Mr.. Samuel H. Willett and Miss Annie
Stul both of this place
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1887-12-29
Carlisle, Pa.

Dec ~, 1851.
Mn EDITOR Thinking that a few items
from The historical town of Carlisle and
Dickinson College which is situated here.
would be interesting to some of the numIr-
Gus readers of your most valuable paper,
shall cnleav0r to give you a few.
Carlisle has been known in the past, for
the important part she has played in the diff
ftrent wars, even 50 far back as the llcvolu
tionary War, and as being the Headquarters
Of Washington. When sent To pat down the
Whisley Rcbcllionof 1884; in the late Civil
War i! was used as a supply AMI recruiting
station, TIE barracks hcmg placed here.
But now She has taken o. qlt"n different
appearance, an is known far and near ior
institutions of learning as Dickinson Col
legc, Dickinson Preparatory School, Myiz,
gers Ltlics' Seminary, last but not least
"Thc Carlisle Indian Training School, with
our six hundred Indian boys and girls rep
RESI- nting numerous different tribes. But
will not have time to mention or describe
them all in one letter, bat will continc my
scltto the first mcntlonel( Dickinson College,
in which your vicinity is so ably represented
in the person Of Mr.. Samuel \. Lewis,
young man of noble character, Industrious
habits, and intellect, or in the words of his
profcssors"a young man, of whom any IA
thcr might be proud.
Dick ns,n College was founded II 1888
al. 9 n
President Of the supreme executive counci'
Of Pennsylvania. 1t was controlled by the
Prcsbylcrians, untii 1893, when it fell INTO
the hands of the Methodiss. DR.. Charles
NIsbit, was the first president The present
college campus was bought of the Penn fam
lily in 1893, for one hundred and fifty dollars.
The first building was erected in 1902, but
was burned down before it was finished -
The corner stone of the present West College
was laid in August 1903. We now have fine
large beautiful buildings, three Of which
have been erected under the present admin
slratlon of. A. McCauley, d. ID. l.. L. ID.
The largest of these is The Bosier Memo.
rial Hail, built at an expense ofeighty thous-
and dollars, it is a magnificent building of
pressed brick faced with brownstonc, the
main entrance is adorned with costly sculp
turing, the first floor is used for library
and reading room, the library contains over
10000 voumns, the scCord floor is by far the
largest, most elegant and comfortable furnish
ed auditorium room III our town.
Next is the Scientific Building" present.
cd to the College by the Hon. Jacob Tome
of Port Deposit Md at a cost of sixty thous-
and dollars it is built Of lime stone trimmed
with sand stone, it contains the Museum the
contents of which are valued at one hundred
and fifty thousand dollars.
Last but not least is the Gymnasium, an
immense brick building, just newly furnish
ed and painted this winter, for which we are
indebted to Mr. Allison of Philadelphia at a
cost Of thirty thouland'dollars it is now one
of the largest and best equipped gymnasiums
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1887-12-29
6 Tss7T Tysn TT C C sas b 3 f HSEs5 ~
~ & IL sats Oh On aB ~ Esa zhvsG1EI ss=y
Esgs gagsn 1872 So YgzEza F ESAAERT sTER C.
- IS rs y C. - I'd C Is B III 81 g -
Note "a few efOaar Items.

GENTS NECK LADIES HANDNERcHEvEs.
GENTS SILK Murr1rrs - LADIES FANCY KID GLOVES
GENTS F1SESuspESDEns LADIES FINE ToroGGANs
GENTS PATENT EAR Nrrrs K LADIES FINE MUrFs
GENTS KID GLOVES LADIES LEGGss
GENTS Wool GLOVES LADIES FANCY Ho'Ds
GENTS Wool scAnrs - LADIES GossAnnnns
Grxrs' Corr AIS CURES LADIES COLLARS CUFFS
The greatest present-makin time of the year
The counters and shelves are full of.goods
A little money goes q long way
Remember the children. big-and little.
The present practice remembering ones friends with gifts will Lasting as
hills springs the strongest impulse of human heart 1t
is beautiful custom broad foundation humility and love- What
parent knowing joy their children Will experience on receiving something
from old Santa Claus will great order that the little
shall not be dsappointed.-
--Our Stoke consists of all manner Of goods
Chlls Tea Sets Glass Dishes
Antique Glass Plates
Fancy 'e Cake Stands Glass ruvna
Fancy oovd Bowls Glass Pickles
Funged Cards Picture Books
Satin stches Alb Cards
Cards for BOYS Euges, Watches
Cards for Girls Horns, Trunpets
If you want nice variety to select from
do not delay, for even before this comes to
you, some are here already buying theirprcs-
ents Remember the right place is here, the
right goods are here come at once and look
at the suitable good things.
Ross e.. WITHDREW.
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1887-12-29
SALVATION OIL,
Professional.
2gs. n. !. Z ], !, i,athetnaa,
SURGEONS & PHYSICIANS.

Prompt attention given to ali calls.
Public Office III the Drug Store.
Private consultation room in the rear OF
DE Dru9 Store.
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1887-12-29
New Advertisements.
Exec tor's Sale. VIM. II. Brown

Executors Sale. VIM. II. Brown
A recount of the vote cast at TIE late cleo
ton is in progress in Fr,lci"k; the rrm"rii-
able feature Of this affair is that til" error Is
found to persist in locating Itself AL ON on"
side
THE SARCASM or CIGCUMsTANCFs --!'Ee,r
crick City who &C orlng to the Fr' del <
Times arrogatrs to itself the prcroga'vc OF
railroad smashcr" is now, by confession OF
the same authority, undergoing a season OF
rcgret at the loss of an industry OF ly no
means mammoth proportions, the poignmcy
of which regret compared with the griei OF
Peri at the loss of Paradise, i, rs, !r' Ga sly,
TIE CLARloN's worth and weight, a'anc,J
against that of THE Times.
All! Physician, heal myself if thou art
mighty, why then prevail.
just let us whisper OF e little suggestion into
the pparcntlvunconccrncd ear otonr people
Ii is this what is il that YOU see being done
to awaken an interest in the tuthcrNnce OF
local enterprise during the coaing year?
We are able to say that one thing outside
Of and independent Of local aid IS being me
holicallv, and we believe, surely done, but
the pertinent question is, what are You 90
ING to- make available Tie several magnificent
advantages that We possess Why not or
ganiac AS suggested?
Go to thinking cad to WORK, or pay the
penalty for Indifference,
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1887-12-29
,,a,ICSe,Es,rr<lge ROOMS,

and good cellar, also Summer Kitchen and
necessary oatbulIjngs \ ncyer failing well
of water right'at lhe door. Asnice large
FLOWER YARD IN FRONT,
good gardcn,'a nd a good lot well set in
fruit.
TERMS - One third cash on day Of sale;
the remainder in two equal payments, on
April Isl 1889 and April the list, 1890, the
purchaser to give notes with approved Sccur
ny bearing interest from April 1st, 1883
The cash payment may'bc.d deferred. to April
1St 1888 by The purchaser .giying mote with
approved security.
Upon fail payment of purchase money
good and suilicivnt'lced twill be executed.
Possession will be given April LIST, 1883.
dcc?2-s ssass 4. syitsacT0w.
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1887-12-29

Christmas was observed here by four of
our Sunday Schools, the exercises being
pleasant and entertaining. The town was
visited by many strangers and in many in
stances they came as purchasers Of Holiday
Goods Of which we boosted IN immense stock.
All report gratifying sales and the various
stocks show today the effect of a general gift
making; nearly everybody made and received
Gift, many handsome AID costly. There
was no disorder but much life and iol!ity.--
Turkey roas,s prevailed in fact Christmas
rather assumed precedence over Thanks
giving in this direction. The weather or
Sunday was fair, but on Monday which was
also observed rs a holiday mUrky damp
atmosphere III the morning assumed an @u-
"hcn there arrived a prctcnsc ola snowfall
the tiny crystals melting as they fall. The
tlicmrn had intended to give drill on our
street, but the weather intcrtcrcd, our band
however assembled upon the squarc and dis
courscd some really excellent music
Fire crackers were permitted by the au-
Il critics and many nickel went eff with 4
bang and up i'll smoke.
Our people are sociablc and visiting being
in order, was INDUCED in by all.
1t was not an uproarious Christmas, let it
stand to our credit, but was one Of a3 much
good!Gllowship and oae could WISH